STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

ARIZONA

(Trade And Commerce – Regulations Concerning Particular Businesses – Pet Dealers) §44-1799.02 Information statement; purchaser rights; notice

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As per §44-1799:

·         "Pet dealer" means a person who owns a pet store.

·         "Pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs or other animals (excludes commercial livestock operations, commercial livestock auction markets, publicly operated pounds, private not-for-profit humane society, or any animal adoption activity that a pound or humane society conducts off site at a commercial enterprise).

·         "Purchaser" means a person who purchases any cat or dog without intent to resell. 

Requires pet dealers to give the purchaser of a cat or dog a written statement at the time of sale containing:

·         Date and state of birth, if known, and the date the dealer received the animal;

·         Known immunizations and deworming treatments, including the dates of administration and the type and brand of vaccine or treatment;

·         Breed, sex, color and other identifying marks (Note:  If animal is from a source that is licensed by the US department of agriculture, the individual tag, tattoo or color number must be included. If the breed is unknown or mixed, this must be stated.);

·         Any veterinary treatment or medication received while in the possession of dealer;

·         Either a statement signed by dealer and purchaser at sale that contains:

o      A statement that a vet examined animal and animal has no apparent disease or illness; and

o      A statement that a vet examined animal and at the time of the exam animal had no apparent congenital or hereditary condition that would adversely affect animal’s health at sale   or that is likely to adversely affect the health of the animal in the future

·         OR a record of known disease, illness, hereditary or congenital condition that adversely affects the health of animal at sale   or that is likely to do so in the future. Record must include a statement signed by a licensed vet that recommends necessary treatment and that verifies that the disease, illness or condition does not require hospitalization or nonelective surgery and is not likely to require it in the future. (Note:  A vet's statement is not required for intestinal or external parasites.)  The statement must be signed by dealer and purchaser. 

The purchaser must acknowledge receipt of required information in writing. 

At the time of sale and on request of the purchaser, a dealer must provide the prospective purchaser with written and legible notice of these rights. 

The following must be posted within close proximity of the cages or enclosures in which cats or dogs are offered for sale:
“Pursuant to title 44, chapter 11, article 17, Arizona Revised Statutes, information on the source of the cat or dog and any veterinary treatment received by the cat or dog is available for review. You are entitled to a copy of the law describing your rights as a consumer.” 

Note:  Under §44-1799.09, a contract under which a purchaser waives any rights under this article is void.

As per §44-1799.08: A pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation.

(Trade And Commerce – Regulations Concerning Particular Businesses – Pet Dealers) §44-1799.01 Initial veterinary examination

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Requires pet dealers to have all dogs and cats examined by a licensed vet before offering the animals for sale.

If an animal is found to have a contagious disease, dealer may return animal to the source or keep him/her separately from other animals and handle in a way that minimizes contagion. 

As per §44-1799.08: A pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation.

(Trade And Commerce – Regulations Concerning Particular Businesses – Pet Dealers) §44-1799.03 Record keeping

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Requires maintenance by dealers of written records on the health, status and disposition of each cat and dog for at least one year after sale.

The records must contain all of the information required by §44-1799.02 and must be available to animal control officers, law enforcement officers and representatives of the county health or environmental services department for inspection during normal business hours.

As per §44-1799.08: A pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation.

(Trade And Commerce – Regulations Concerning Particular Businesses – Pet Dealers) §44-1799.05 Purchaser remedies for sale of unfit cats or dogs; requirements; exceptions

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A cat or dog is considered unfit for sale if either:

·         Within 15 days after the purchaser takes possession, a licensed vet states in writing that the cat or dog has become ill or symptomatic due to an illness, injury or other defect that existed before purchaser’s possession; or

·         Within 60 days after purchaser takes possession, a licensed vet states in writing that the animal has a congenital or hereditary condition that adversely affects the animal’s health or that requires (or is likely to require) hospitalization or nonelective surgery.

The veterinary statement must contain:

·         Purchaser's name and address;

·         Dates of examinations;

·         Type, breed and age of the cat or dog, if known;

·         A verification that the vet examined the cat or dog;

·         Statement that the cat or dog had an illness, congenital or hereditary problem that rendered the animal unfit for sale, or that resulted in death; and

·         The findings of the exam or necropsy, including lab results or copies of lab reports.

Exceptions:  No reimbursement if:

·         Illness or death resulted from maltreatment, neglect or an injury that was sustained after the purchaser took possession;

·         Purchaser failed to carry out vet’s recommended treatment (if cost of the treatment and vet fees was less than the purchase price, including taxes);

·         At sale, the purchaser received the vet statement which disclosed the disease, illness or condition; or

·         The purchaser refuses to return all of the documents that were provided to the purchaser for the purpose of registering the cat or dog.

 

If animal was unfit for sale, purchaser may choose the remedy:

·         Return for refund, including taxes;

·         If a replacement is available, exchange for an animal of the same species and of equivalent value and receive reimbursement for reasonable vet fees for diagnosis and treatment (maximum is original purchase price, including taxes); or

·         Retain animal and receive reimbursement for reasonable vet fees for diagnosis and treatment (maximum is original purchase price, including taxes).

To obtain remedy, purchaser must:

·         Notify dealer in writing that animal has a medical or health problem, including a congenital or hereditary condition, within 5 days after a licensed vet diagnoses the problem and provide the vet's name and telephone number;

·         If animal is ill or injured or has a congenital or hereditary condition, offer to present the animal to dealer, with copies of all records that are available to the purchaser regarding diagnosis and condition; and

·         If cat or dog dies within 15 days of purchase, give the dealer the vet's written statement that the animal died from an illness that existed on or before the purchaser took possession. The purchaser is not required to return the dead animal to the dealer.

If cat or dog was unfit for sale and died or was euthanized by a licensed vet, the dealer must refund purchase price, including taxes.

If purchaser is requesting a refund for reasonable vet expenses, an itemized bill of fees must accompany the vet statement and must include fees for examination, diagnosis and treatment.

Unless dealer contests the demand for remedies, refunds and reimbursement are to be made within 30 days after receiving vet's statement or, if applicable, within 30 days after the date on which cat or dog is returned.

As per §44-1799.08: A pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation.

(Trade And Commerce – Regulations Concerning Particular Businesses – Pet Dealers) §44-1799.06 Contested actions; procedures

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The dealer may require purchaser to produce cat or dog for exam by a licensed vet at dealer’s expense unless animal has died.

If parties are unable to reach an agreement within 30 days after dealer’s receipt of vet statement or the vet receives the cat or dog for exam, whichever is later, the purchaser may file a lawsuit or the parties may agree in writing to submit to binding arbitration.

 

Attorneys’ fees must be awarded if either party acts in bad faith.

(Trade And Commerce – Regulations Concerning Particular Businesses – Pet Dealers) §44-1799.07 Presumption of illness

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There is a rebuttable presumption that an illness or a congenital or hereditary defect existed at the time of sale if cat or dog dies within 15 days after purchaser takes possession.

Exception: Intestinal or external parasites.

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